Why Veterans Disability Attorney Isn t A Topic That People Are Interested In Veterans Disability Attorney

Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money often rely on their benefits. This is the reason you need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a deadly air carrier collision has won a major victory. However, it comes with a significant price tag.

Class Action Settlement

The Department of Veterans Affairs has repeatedly discriminated against Black veterans by denying disability compensation claims at a significantly higher rate than white veterans, as per a lawsuit filed on Monday. Conley Monk is a 74 year old Marine Corps veteran from the Vietnam War who filed the lawsuit. According to the records obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a much higher rate than white veterans during the last three decades.

Monk, a former psychiatric nurse, claims that discrimination from VA has led him, and other black vets, to suffer in a manner that has affected their health, their home lives as well as their employment and education. He is requesting that the VA reimburse him for the benefits it has not provided him, and to modify their policies on race, discharge status, and denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim information through Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 to 2020. The average denial rate for veterans disability lawsuit of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps vet who was denied housing, education and other benefits despite suffering from undiagnosed PTSD. The suit cites evidence that suggests that VA officials have historically denied claims made by Black veterans in adisproportionate manner.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and veterans disability lawsuits equipment into combat zones. Monk was later involved in two fights which he blamed on his PTSD. In 1971, he was given a discharge that was less than honorable. This "bad paper" kept him from obtaining home loans, tuition assistance and other benefits.

He sued the military in order to rescind his discharge and was awarded full benefits in 2015 and in 2020. However, he says the VA still has to pay him for his past denials of disability compensation. The suit asserts that he suffered emotional damage by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit is seeking monetary damages and asks the court to decide to require the VA to review the systemic PTSD bias. The lawsuit is the latest effort by groups like the ACLU and Service Women's Action Network, to force the VA into addressing long-standing discrimination against victims of sexual assault.

Alimony Discrimination

Veterans who have served our nation in uniform, or who accompany them deserve honest answers regarding the veterans disability compensation and its impact on money issues in divorce. One of the biggest myths is that veterans can get their VA compensation garnished to pay alimony or child support orders in state courts. This isn't the case. Congress has carefully crafted the law found in Title 38, U.S. Code to shield veterans' compensation from claims of family members and creditors in the case of alimony or child support.

Conley Monk, who volunteered for his country, logged two years in Vietnam driving bulletproof transport vehicles and moving troops and equipment out of combat zones. He was awarded several medals for his work, but he was later given a less-than-honorable discharge when he got into two fights caused by undiagnosed PTSD. It was a long, long, and winding path for him to convince the VA to accept disability compensation.

He was denied services at an rate that was much higher than his white peers. According to the lawsuit brought in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. It alleges that the VA was aware of and failed to confront decades of discrimination affecting Black veterans. It seeks justice for Monk and other veterans.

Appeals

The VA's Board of Veterans Appeals reviews claims for benefits when a claimant is not satisfied with a decision that the agency has made. If you are considering appealing a decision, it is essential to do so in the earliest time possible. A lawyer with experience in appeals to veterans' disability cases can help ensure that your appeal is compliant with all requirements and ensure that it gets a fair hearing.

A qualified lawyer is able to examine the evidence used to support your claim and submit new and additional evidence should it be required. A lawyer who is familiar with the VA's issues can be more understanding of your situation. This can be a valuable benefit to your appeals.

One of the main reasons that a veteran's claim for disability can be denied is because the agency hasn't properly described their condition. A lawyer with experience will ensure that your condition is properly classified and rated, which will allow you to receive the benefits you need. A qualified attorney will also be able to work with medical professionals to provide additional proof of your medical condition. A medical professional, for example, may be able show that your pain is a result of your service-related injury, and is in a way limiting. They may be able to assist you in getting the medical evidence you need to prove your claim.